There is an unprecedented funding crisis for adult probation in Texas. At the end of every fiscal biennium, the 122 CSCDs in the state return their unspent state funds to TDCJ-CJAD. The Legislative Budget Board counts on those refunds to fund part of the budget line for the first year of the following biennium.Appended was this email from the head of adult probation at TDCJ, Cary Welebob, who wrote to to local probation officials:
Based on past refunds, the LBB calculated in March of 2009, that the CSCDs would be refunding 19.8 million dollars. Since the economy went south in 2009, there was not much turnover in staff at the CSCDs (which is generally the main reason CSCDs have leftover money), so the refunds totaled only $13.1million. That means we are $6.7 million short for this year. This is not TDCJ-CJAD's fault or the CSCDs' fault. The LBB just over-calculated how much the CSCDs would return this year, and they were way off. The Chairman of the Probation Advisory Council (PAC) is Mike Wolfe of the Taylor County CSCD in Abilene, and he has called an emergency meeting of the PAC for Monday. The PAC is made up of representatives of from the CSCDs in the state, and will have to figure out what to do with this mess.
This has never happened before, so we are all going into uncharted territory.
Dear Directors:Nothing like a $6.7 million dollar hole in your budget to darken your day. The Legislative Budget Board may be obliged to begin some of its cost saving measures sooner than later if too many more speed bumps like this one crop up.
The Community Supervision and Corrections Departments' (CSCDs) refunds from the previous biennium (FY 2008-09) were not sufficient to fulfill the requirement of Rider 54 to fully fund the CSCDs for FY 2010. The Rider requires that refunds of $19.8M be used to fully fund our appropriated lines (Basic, Community Corrections, Diversion Program, and Treatment Alternative to Incarceration Program). For a variety of reasons, including success in adding staff/filling vacancies, the CSCDs are utilizing more of their funding across the board instead of returning unused funding in the form of refunds. The refunds for FY 2010 amounted to approximately $13.1 million, resulting in a shortfall of $6.7M for FY 2010 funding. This shortfall will not affect FY2011.
Over the past few legislative sessions, the method of finance used in the first year of a biennium has been based on refunds returned to the State by CSCDs. This rider has increased over time as refunds have increased. It was always possible that, at some point, not enough refunds would be returned to fund the line for the first year of the biennium. This is where we stand today.
The refund rider shortfall only affects FY 2010, as the full community supervision appropriation will be made in FY 2011. This refund shortfall is separate from the 5% Biennial Budget Reduction Plan submitted by TDCJ as requested by the Governor, Lieutenant Governor and Speaker of the House. It is important to note that TDCJ is seeking an exemption of the probation functions within its plan submission.
This has been an extremely difficult message for me to give to you, and we have analyzed numbers in many different ways to be sure that we are correct in the amount of refunds. I will be meeting with representatives from the Judicial Advisory Council (JAC) and the Probation Advisory Committee (PAC) to discuss options for funding reductions for the remainder of FY 2010. Additionally, health insurance costs for Basic Supervision will exceed our projected amount for FY10 so this issue will also be addressed during our discussion. As some of you have inquired, we have not sent out the refund notification letters yet, in case the refund formula is changed to identify funding used to support the shortfall. Until those decisions are made, we have sent the CSCDs the March payment instead of the full third quarter. It is my intention that these decisions will move quickly so that all departments can be aware of the amounts which will be received for the remainder of this fiscal year.
If you have specific questions or concerns, please do not hesitate to contact me. Carey
State budget leaders should be careful here; the cost-per-day difference between probationers and state prison inmates is enormous. So if local probation departments take money away from diversion programs to pay for basic supervision (or if they reduce the number of POs and can't staff the extra programming), it could boost revocations to prison and end up costing the state much more.
On the bright side, according to TDCJ there's some $15.3 million in unspent diversion money that perhaps the state could raid on a one-time basis to cover the shortfall. That might push the problem off until next biennium, when it'd be up to the Lege to come up with a better solution. I'm sure these and related topics will be among those discussed at the upcoming House Corrections Committee meeting March 16 on community corrections and recidivism.
In addition, TDCJ already suggested budget cuts (though they asked for a waiver) including a $22 million reduction in basic supervision funding to adult probation departments, so there's a good chance that whatever solutions are discussed at Monday's PAC meeting could be revisited down the line, even if another fix is found for this short-term crisis.
For my part, I think it would be a mistake to gut probation funding when prison budgets remain so unseemly bloated. I'd rather see the state continue funding levels for adult probation this biennium by closing the two TYC lockups early and letting one or more private prison contracts expire.
In many ways, the issue presents in microcosm the choices the Legislature will face on corrections spending when they reconvene in 2011, so its useful to pay attention to the decisions being made on this matter as well as the priorities and players driving them.
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16 comments:
Next step: Increase fees and fines on probationers.
First of all, fines go to the County and not to Probation Departments, secondly fees are set by the legislature and are set at a maximum of $60.00 at the present time. With unemployment as it is among offenders and their inability to pay, increasing fees will only lead to putting them further in a hole. Additionally, our state leaders already accuse us every legislative session of using offenders as "cash cows"! The overall problem is the way departments are forced to be funded and the inefficient projections made by the LBB.
I agree with the above comment. Probation officers strive hard to not set up offenders to fail, but the way the Lege has designed probation in Texas can do so for under-educated and under-employed offenders, especially in these hard economic times. Officers are quasi-county and quasi-state employees with increasingly limited authority, and the State uses that as a justification to reduce our tax-burden on the taxpayers. Meanwhile, other state agencies are squandering money (e.g. TxDOT). A major fix needs to be made or, as this article has stated, more offenders will be revoked from probation and sent to serve time in our prisons (that, by the way, are not nearly as overcrowded as claimed).
CSCD's use travel money to visit offenders on units. Cut that out, use phone calls and video sessions, if needed.
There are other expenditures that CSCD's have which could be cut as well.
Interesting that TYC now claims they will not close West Texas State School nor the Vernon "Victory Field". Both of those institutions are vastly empty, there is no reason not to close them. Closing both of these facilities would certainly provide for millions of dollars to be redeployed to be better used on the probation end for juveniles or adults. It is much more efficient to work with people in ways to help them keep themselves out of juvenile lockups or prisons. We must get this right this time around!
How dumb can the state and TYC be? This is a major waste of funds that can be used much more efficiently!
An additional burden is that Probation Departments are required to make budget estimates for two years at a time. This is a very hard thing to do.
Allowing probation departments to keep the money money left over after each fiscal year may help. It would be an incentive to make the department more efficient.
Biennial refund requirements for probation departments have been increasing in each and every budget cycle for years. It was only a matter of time before the projection outweighed the reality. I certainly hope there is a practical answer to this very serious issue. Part of the problem is that probation departments across the state have had to bail out existing diversion programs with Basic Supervision funds, because funding for those programs has not increased in years. This has contributed to the decrease in the avaiable fund balance (and subsequently the state refund) in many departments.
Being stupid on crime isn't cheap!
When County Court at Law Judges charge only $15, 20, 25 dollars a month for sf's on cases, that we as officers must see on a weekly basis (sometimes up to a year) thats a problem. No wonder cscd's are strugling. Also, when you have judges tell defendant's not to worry about the monies that a porblem. Think the attys would figure that one out (they are the one that make the laws and decide punishment - anotherwords they run the entire system). LOL
Grits,some counties like Bexar County have other problems with their funding. CJAD has notified Bexar County Chief Probation Officer Jarvis Anderson he must provide a department plan before the end of March 2010. If this is not done or if CJAD is not satisfied CJAD may reduce state funding to Bexar County
This is probably because Jarvis Anderson has not requested the continued assistance of the Justice Center and Tony Fabelo. Tony Fabelo was scheduled to complete a follow up study and assist in making the recommended changes. Jarvis Anderson does not appear to want this help.
I realize their are ways to solve the problems at Bexar County other than with the reccomendations of Tony Fabelo. But it is foolish to ignore help offered by CJAD, the Justice Center, and Tony Fabelo.
It would be nice to read the plan finally submitted by Jarvis Anderson. I doubt he will make the plan available to Bexar County employees.
Legislature requires much from CSCD's. Too many unfunded mandates and then make it law that certain cases be considered for early termination... those cases are usually the ones paying the SF each month that help with budgets. Judge's requiring weekly UA's and only ordering $5 month UA fee (when UA's cost $15 each!)... and let's not talk about electronic monitoring fees that are never repaid... CSCD's continue to be spread thin and it's the community and offenders who are not being served as they should. Swift and appropriate intervention is what helps keep our communities safe.
Disregard 10:31, they are a disgruntled ex administrator! Probably Cline or Fitzgerald. They failed to file budgets for years, and poor Chief Anderson is taking the hit for it! Hang in there Jarvis, we know youare doing everything you can, with the mess the previous admin left you
Bexar County CSCD is the worst piece of crap strewn on this local government. Run by idiots and plagued by imbeciles this department is nothing short of retarded. What interests me most is how a department full of liars, thieves, recreational users (and not just dope, but items such as meth and cocaine), adulterers, on-site sex acts with supervisors for 'advancements', and on and on. It's no surprise; it happens in lots of work places - look at Congress! But a sham to have these morons trying to watch over us - who's watching them? Choke on it, fuckers.
Well, the problem is that the state of Texas has one of the worst leaders in charge. Mike Wolfe...if that’s how you spell his name, he is the Director at Taylor county. There is no adult supervision going on at that place, just a desperate need for leadership and professionalism by a director. I have never ever worked with someone who is more egotistical, unprofessional, and unethical in every aspect of work and life. His jealousy for current and former employees that that seek to move on or have moved on for better opportunities or co-workers that seek positive recognition in the community is disgusting and beyond the scope of normal. He does not care about rehabilitating, supervising or providing guidance to offenders in order to mitigate future offenses, all he wants is money from broken people without care how they get it regardless if they have to commit more crimes. In order to promote at that site, you have to kiss his ass, not on a daily basis but on an hourly basis, he is incapable of leadership skills and is severely bi-polar, paranoid and insecure to a point that he needs some sort of physiological help, he promotes in office rivalry and be-little’s co-workers on a daily basis. Several complaints have been made about him but he is always able to wiggle out of them, if Mike Wolfe is one of the one’s in charge of fixing this problem, let me tell you friends, it will only get worse. A leader leads by example, Mike Wolfe leads through manipulation, Mike Wolfe is a coward. I am not posting this comment to be vindictive, I have a moral obligation to inform others of his actions.
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